R v Qi [2019] NSWCCA 73

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: R v Qi [2019] NSWCCA 73 Hearing dates: 6 February 2019 Decision date: 05 April 2019 Before: Payne JA at [1] Button J at [5] Lonergan J at [108] Decision: (1) Crown appeal against sentence allowed. (2) The sentence imposed upon the respondent, Hongli Qi, on 12 October 2018 is quashed. (3) In substitution for that sentence, the respondent is sentenced to a non-parole period of 18 months, to commence on 3 February 2019, to be followed by a parole period of 18 months, to expire on 2 February 2022. (To express that order another way, I have imposed a head sentence of imprisonment for three years with a non-parole period of eighteen months, with a backdate to reflect the time in custody.) (4) The date upon which it appears the respondent is to be released to parole is 2 August 2020. Catchwords: CRIMINAL LAW – Crown appeal against sentence – supply large commercial quantity methylamphetamine – limited role of delivery man – plea of guilty in Local Court – powerful subjective features – whether ICO manifestly inadequate – slip with regard to failure to impose sentence for related offence on certificate – length of ICO beyond statutory jurisdiction as a result – whether that error could on its own lead to success of Crown appeal – Crown appeal upheld – respondent sentenced to period of full-time imprisonment Legislation Cited: Crimes (Sentencing Procedure Act) 1999 (NSW), s 32 Criminal Appeal Act 1912 (NSW), s 5D Criminal Procedure Act 1986 (NSW), s 166 Drug Misuse and Trafficking Act 1985 (NSW), s 25(2) Cases Cited: Parente [2017] NSWCCA 284 Category: Principal judgment Parties: Regina (Appellant) Hongli Qi (Respondent) Representation: Counsel: E Balodis (Crown) G James QC (Respondent)